EXPLORING LEGAL AND POLICY CHALLENGES OF INDIGENOUS PROTECTED AND CONSERVED AREAS (IPCAs) IMPLEMENTATION IN CANADA

Abstract

In response to a call for a global paradigm shift in conservation and to meet its national and international biodiversity goals, the Indigenous Circle of Experts (ICE), authorized by the Government of Canada, articulated the concept of Indigenous Protected and Conserved Areas (IPCAs). Many Indigenous communities perceive the term IPCAs as a colonial instrument that reinforces Crown jurisdiction due to its adoption by the Crown governments. Today, IPCAs are often established under Indigenous law, but there remains no recognition in Crown law, leaving them vulnerable. This thesis investigates the legal and policy challenges to the development of IPCAs in Canada that are reflective of Indigenous rights and self-determination. Results provide significant insights into the concerns raised by Indigenous participants concerning the implementation of UNDRIP in Canada, also highlight the legal and political challenges faced by Indigenous peoples in implementing IPCA approach in their territories.